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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1901 Date: 03/14/2017 Commission Meeting Date: 03/23/2017 Type: Resolution Subject: Accept - Petition and Affidavit Purpose of Item: Requesting Department: Office of the City Clerk Sponsored By: District Impacted: All A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY CLERK'S CERTIFICATION OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT'S ("WYNWOOD BID") AFFIDAVIT PROCESS FOR THE EXPANSION OF THE WYNWOOD BID BOUNDARIES. Background of Item: On September 22, 2016, the Miami City Commission passed Resolution R-16-0459, establishing new boundaries for the Wynwood BID; in addition to authorizing the levy and collection of a special assessment for a period of ten (10) years subject to the approval of a majority of affected property owners within the newly established boundaries of the Wynwood BID. The affidavit process, per agreement between the Wynwood BID, Office of the City Attorney and Office of the City Clerk, involved the Wynwood BID mailing all affected property owners an affidavit to register their support of the expansion. Furthermore, the affidavit was required to be filed with the Office of the City Clerk for the property owners, or their designees, vote to be counted. Affected property owners were entitled to one (1) affidavit per individual folio owned. All affidavits were either to be hand delivered or mailed to the Office of the City Clerk and received no later than 5:00 P.M. on Friday, February 24, 2017. Finally, a non -vote by any affected property owner was to be considered a "no" vote. On Friday, February 24, 2017, at 5:00 P.M., the agreed upon deadline for the City Clerk to have received all affidavits from owners of the six hundred and sixty-nine (669) affected properties of the proposed expansion of the Wynwood BID, a total of three hundred and ninety (390) affidavits with corresponding petitions had been filed with the Office of the City Clerk. Two hundred and fifty-five (255) of the three hundred and ninety (390) filed affidavits received by the deadline were determined to be properly executed and deemed valid. One hundred and thirty-five (135) of the three hundred and ninety (390) filed affidavits received before the deadline were determined to be improperly executed and therefore deemed invalid. Two (2) affidavits were not listed on the assessment roll and therefore not counted. Furthermore, of the six hundred and sixty-nine (669) properties eligible to vote in the affidavit process, two hundred and seventy-nine (279) properties did not submit an affidavit, and therefore were considered to be non -votes and thus deemed "no" votes. Taking into account the aforementioned information, two hundred and fifty-five (255) valid affidavits filed represent 38% of the properties within the proposed expansion of the Wynwood BID and therefore do not represent a majority of the affected property owners required for the expansion to be approved as stipulated in Resolution R-16-0459. For your information, the City Clerk's certification of the affidavit process to expand the boundaries of the Wynwood BID has been placed on the March 23, 2017, City Commission agenda. Budget Impact Analysis Item has NOT an Expenditure Total Fiscal Impact: N/A Reviewed B Office of the City Clerk Todd B. Hannon Reviewed and Approved Completed 03/14/2017 1:42 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 03/14/2017 1:53 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 03/14/2017 1:58 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 03/14/2017 7:04 PM City Commission Joyce Jones Meeting Completed 03/23/2017 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 03/27/2017 4:16 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 03/27/2017 4:46 PM City of Miami Legislation Resolution Enactment Number: R-17-0147 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1901 Final Action Date:3/23/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY CLERK'S CERTIFICATION OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT'S ("WYNWOOD BID") AFFIDAVIT PROCESS FOR THE EXPANSION OF THE WYNWOOD BID BOUNDARIES. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Clerk's Certification and Declaration of Results, attached and incorporated, of the Wynwood Business Improvement District's ("Wynwood BID") affidavit process that ended on Friday, February 24, 2017 at 5:00 P.M., for the expansion of the Wynwood BID boundaries, subject to the approval of a majority of affected property owners, is hereby accepted. Section 2. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: "ri e tpity ttor 1 Acceptance of election results are administrative acts which do not require the Mayor's signature.